Journal-World classified (published 05/17/2013)

(First published in the Lawrence Daily Journal-World
May 10, 2013)

RESOLUTION NO. 7022

A RESOLUTION OF THE CITY
OF LAWRENCE, KANSAS,
AUTHORIZING STAFF TO
FILE WITH THE UNITED
STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT A REQUEST
FOR A WAIVER OF A POTENTIAL CONFLICT OF INTEREST
BETWEEN THE CITY OF
LAWRENCE, KANSAS, AND
JUST FOOD OF DOUGLAS
COUNTY, INC., IN ACCORDANCE WITH 24 CFR
570.611(d).

WHEREAS, the City of Lawrence, Kansas, receives direct annual funding from
the United States Department of Housing and Urban
Development (HUD) under
its Community Development Block Grant (CDBG)
Program; WHEREAS, Just
Food of Douglas County,
Inc. (Just Food), a Kansas
not-for-profit corporation,
partners with over
thirty-five agencies to provide food services to
low-income clients in the
City and surrounding areas;
WHEREAS, in December,
2012, Just Food applied to
the City for CDBG funding in
the amount of $30,000.00 to
purchase a refrigerated
box truck to facilitate the
transportation of perishable food items and produce
to low-income clients;
WHEREAS, after Just Food
filed its application for
CDBG funding with the City,
Jeremy Farmer, Chief Executive Officer of Just Food,
filed for and was elected to
the City Commission;
WHEREAS, after Commissioner Farmer's election,
the Community Development Advisory Committee
recommended that the City
grant CDBG funding to Just
Food in the amount of
$25,000.00 for the purchase
of a refrigerated box truck;
WHEREAS, as the result of
that recommendation, the
City recognizes that there
exists now a potential conflict of interest between the
City and Just Food, in that
Commissioner Farmer is
employed as the Chief Executive Officer of Just Food;
WHEREAS, HUD regulations
governing CDBG funding, 24
CFR 570.611(d), allows
HUD to issue, under certain
circumstances, Conflict of
Interest Exceptions;
WHEREAS, public disclosure of the potential conflict of interest between the
City and Just Food has been
provided by its inclusion on
the Agenda of the City
Commission's May 7, 2013,
regular public meeting;
WHEREAS, at the May 7,
2013, public meeting, the
Governing Body discussed
the need for an exception
from a potential conflict of
interest between the City
and Just Food, heard comments from the public, and
determined that no other
entity could provide the
service offered by Just
Food and that no other reasonable options exist to
fund the purchase of a refrigerated box truck; and
WHEREAS, the Governing
Body reviewed and considered staff's independent
assessment of the applicable exemption factors and
has indicated approval of
them. NOW, THEREFORE, BE
IT RESOLVED BY THE GOVERNING BODY OF THE CITY
OF LAWRENCE, KANSAS:
SECTION 1. The
above-stated recitals are
incorporated herein by reference and shall be as effective as if set forth in full.
SECTION 2. The Governing
Body hereby authorizes
City Staff to file with HUD
an application requesting a
waiver of a potential conflict of interest between the
City of Lawrence, Kansas,
and Just Food of Douglas
County, Inc., regarding
CDBG funding in the
amount of $25,000 to Just
Food for the purchase of a
refrigerated box truck. SECTION 3. City Staff is hereby
directed to submit to HUD,
together with and in support of the application for a
waiver of conflict of interest, a copy of this resolution and all necessary and
supporting documentation.
ADOPTED by the Governing
Body of the City of Lawrence, Kansas, this 7th day
of May, 2013.

APPROVED:
/s/ Michael Dever
Michael Dever
Mayor

ATTEST:
/s/ Jonathan M. Douglass
Jonathan M. Douglass
City Clerk

Approved as to form and
legality
/s/Toni R. Wheeler
Toni R. Wheeler
City Attorney
________